• MacLeod v ABC Plumbing Drainage & Gas Ltd and Ors

    P R Stapp [Employment Relations Authority - Wellington]

    Summary:
    PRACTICE AND PROCEDURE - Identity of employer - Applicant believed she was employed by respondent ABC" - Wage and time records, timesheets, tax certificate and bank statements referred to ABC…
    Result:
    Application dismissed (unjustified dismissal) ; Application granted (arrears and penalty) ; Penalty ($1,500)(payable to Crown) ; Arrears of wages ($2,280) ; Arrears of holiday pay ($179.46) ; Interest (7 percent) ; Costs in favour of applicant ($2,000) ; Disbursements ($70)(filing fee)
  • Service & Food Workers Union Inc v Spotless Services (NZ) Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    BARGAINING - Reference for facilitation – On two occasions, had reached settlement subject to ratification, but each time union members rejected proposed settlements – Five days of strike actions and…
    Result:
    Application dismissed ; Parties directed to mediation ; No order for costs
  • Robinson v Avis Rent A Car Ltd

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Falsification of timesheets by applicant for himself and casual workers - Timesheets stated they worked longer than actually did - Applicant's explanation was that…
    Result:
    Application dismissed ; Costs reserved
  • Capon v Royal Commerce Company Ltd t/a Royal English College

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    UNJUSTIFIED DISMISSAL - Poor performance - Applicant employed on a series of fixed terms - Genuine fixed term - Raised issues about applicant's teaching of course - Director of business…
    Result:
    Application granted ; Compensation for humiliation etc ($4,000) ; Costs in favour of applicant ($1,400)
  • Saint Kentigern Teachers Association v Saint Kentigern Trust Board

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    DISPUTE - Application of collective agreement - Applicant questioned lawfulness of employment arrangements whereby teachers were engaged in management positions for fixed term and paid management units" for extra work…
    Result:
    Application dismissed ; No order for costs
  • Dellow (Labour Inspector) v JR Construction Ltd

    L Robinson [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER - Application for compliance with Authority determination - No appearance for respondent - No good reason for failure to attend so proceeded to deal with matter fully as…
    Result:
    Application granted ; Compliance ordered ; Disbursements in favour of applicant ($70)(Filing fee)
  • Spiers v Capital & Coast District Health Board (formerly Capital Coast Health Ltd)

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    CONSENT ORDER - Parties reached agreement on terms of settlement at investigation meeting - Terms of settlement to be orders of Authority - Order prohibiting publication of details of the…
    Result:
    Consent order granted ; Orders accordingly ; No order for costs
  • Geerlings v Bryan

    A Dumbleton [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Whether dismissal - Applicant asked to drive respondent to adjacent farm and help put battery in tractor - Applicant drove respondent to farm but felt too much…
    Result:
    Application dismissed ; Costs reserved
  • Skinner v Stayinfront (Asia Pacific) Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE - Preliminary issues - Whether full and final settlement of all claims - Clause of agreement drawn very widely and plain intention was to cover all issues…
    Result:
    Application dismissed ; Costs reserved
  • Adams and Ors v Aviation Security Service

    J Crichton [Employment Relations Authority - Christchurch]

    Summary:
    DISPUTE - Interpretation of employment agreement - Relevant provision provided that for purposes of leave respondent may, as appropriate, recognise previous service with" other state sector organisations - Applicants had…
    Result:
    Application granted ; Compliance ordered ; Costs reserved